Two Fraserburgh car dealers have been fined almost £9,000 after carrying out a revenge attack on a man who vandalised their forecourt.
Murray Motors’ Gordon Murray, 67, and son Morgan Murray, 32, were convicted of breaking into the home of convicted vandal Roberto Tudora and assaulting him following a trial in May.
It was claimed the attack was retribution for Mr Tudora pouring a corrosive substance over cars at their South Road business a week prior to the assault.
The jury of seven men and eight women took two and a half hours to find the pair guilty by a majority with some deletions from the original charge of hamesucken assault – the act of breaking into someone’s home intending to attack them.
The charge of striking Mr Tudora on the head with a hammer was deleted as was repeatedly stamping on his body and striking him with a metal pole.
Damage to business in wake of conviction
Both men returned to Peterhead Sheriff Court for sentencing with Gordon Murray’s defence agent Leonard Birkenshaw telling Sheriff Craig Findlater that his client maintained his position from the trial and was “particularly unlikely” to re-offend.
Mr Birkenshaw said there had been “damage” to his client’s business as a result of the court case and added: “He is not willing to make compensation, but willing to pay a fine.”
Morgan Murray’s defence agent John MacLeod said his client had been anxious throughout the proceedings and was soon to be married, adding: “He wants to put this behind him.”
At trial the men were convicted of forcing entry to Mr Tudora’s home in 2021.
Fiscal depute Ruairidh McAllister had urged the jury to convict the pair and told them to reject their concocted version of events.
Victim was ‘no angel’
He said: “Roberto Tudora is no angel, but time and time again his account ties in with other evidence we have heard.
“It makes sense. Unlike the stories being spun by these two men; stories they have made up after events to explain away what they were doing in that house that day.
“The two 999-calls made that morning caused some very very big problems for these men.
“They battered Roberto Tudora – and unbeknownst to them the police had been called.
“He was scared, and he phoned the police, leaving the phone on recording the whole nasty assault.
“Mr Murray and his son had taken matters into their own hands – they were trying to find out who was behind the vandalism of their cars – and they were doing it violently.”
Pair hit with stiff fine
Sheriff Findlater berated the men for “taking things into your own hands” and said: “You should have left it to the authorities.
“This is a serious offence – and a pale shadow of what was originally libelled.
“Still, you forced entry to a property and assaulted a man inside, kicking him on the head and brandishing a hammer at him.”
Sheriff Findlater said it had been out of character for the two car dealers and that they both posed a low risk of re-offending.
He said: “In the circumstances, compensation is in no way appropriate.
“You each acted together in this case. I will impose significant financial penalties to reflect the seriousness of the charge.”
To Gordon Murray, who was said to have “considerable financial means”, a fine of £6,350 was imposed while his son must pay £2,575.
